Individual entrepreneurs are not limited in their choice of counterparties. Both legal entities or citizens, as well as other businessmen, can act in this capacity. In the latter case, it is necessary to conclude an agreement between individual entrepreneurs and individual entrepreneurs for the provision of services, in which one entrepreneur will be the customer and the other will be the contractor. Such a document has certain nuances.
How to conclude an individual entrepreneur agreement with an individual entrepreneur for the provision of services
The conclusion of a transaction between two individual entrepreneurs must be confirmed by a written document. However, the law provides for the mandatory conclusion of contracts only for the provision of certain types of services. Accordingly, businessmen can do without concluding an agreement.
However, businessmen are recommended to sign contracts for the provision of services to other individual entrepreneurs. This may be the deciding factor in a controversial situation. Very often, the existence of an agreement helps an entrepreneur prove his case to regulatory authorities or defend his rights in court.
An alternative option for interaction between entrepreneurs is to sign an act for payment, as well as issue an invoice by the supplier. Such reporting is sufficient for tax authorities. But for cooperation on an ongoing basis, an agreement that specifies all the conditions is more suitable.
Important! An oral agreement between individual entrepreneurs has no legal force and is not accepted for consideration by judicial authorities.
In itself, an individual entrepreneur’s agreement with an individual entrepreneur for the provision of services is an agreement concluded in writing and determines the procedure for interaction between the parties. All contracts are divided into several groups:
- According to the number of parties involved - multi- and bilateral.
- By duration of action - one-time, medium- and long-term.
- By status of persons (individual, individual, organization or group of companies).
- According to the specification of services (events, trading, accounting, medical or other services).
- By type of transaction (purchase and sale, lease, loan, services for a fee or free of charge).
These points determine the content of the contract and its legality. The fact is that individual entrepreneurs are prohibited from providing certain types of services, an example being the extraction of rare minerals. And if the agreement stipulates that the individual entrepreneur provides services of this kind to the individual entrepreneur, the agreement will not be considered legal.
Thus, the subject of a compensation agreement cannot be:
- Contracting, design, engineering, construction services for municipalities and government agencies.
- Passenger transport, cargo transportation.
- Forwarding services.
- Bank operations.
- Guarantee.
- Financial services.
- R&D.
Important! An agreement in which one of the parties indicated invalid information is considered illegal.
Before concluding an agreement, both individual entrepreneurs have the right to verify the reliability of the partner. To do this, you should familiarize yourself with certain documentation:
- IP registration certificate.
- Certificate from the Unified State Register of Individual Entrepreneurs.
- A document confirming registration with the tax authorities.
- TIN.
- Businessman's passport.
- Papers confirming the legality of the entrepreneur’s address.
You can check many data upon request from the relevant department of the Federal Tax Service. Their reliability is of great importance, since the information will also be indicated in the contract.
The process of concluding an agreement involves the parties discussing the conditions, cost and composition of services. If the parties reach a consensus, a paper is drawn up and signed by both individual entrepreneurs.
What points are required for such a cooperation agreement?
Contract between individual entrepreneurs and individual entrepreneurs for the provision of services - sample document
When drawing up a contract, all important points that may cause disputes between the customer (IP) and the contractor (individual) are described.
- First of all, this is the subject of the transaction. That is, it is indicated for what the individual will receive money, and the individual entrepreneur will benefit. For example, this could be the rental of a truck or car, or a transportation service on a vehicle.
Note ! The purchase of material assets under such an agreement is not permitted.
In this situation, the subject will be a work or service, and not any thing. When concluding a contract, an individual assumes responsibility for the quality of the service provided. For example, this could be repair or construction work, installation of equipment, etc.
- The second important point is the amount of remuneration. That is, a specific amount of money or service that the individual entrepreneur will provide is indicated. Pro bono cooperation is rare. You can additionally describe the level of quality of services provided by an individual and the solution to the situation if the quality does not meet the requirements.
- Third, the timing of the work or services performed and the timing of payment, as well as the form of payment (cash, card).
Conclusion of a contract
If desired, both parties can reflect their additional requirements in the contract. The document does not have any strict form. The date and signatures of both parties must be included. The contract is considered valid only if both parties are satisfied.
Agreement between individual entrepreneur and individual
Individual entrepreneurs can enter into agreements not only with other merchants, but also with individuals who are not entrepreneurs. Civil legislation defines several formats for such agreements:
- household contracting;
- retail purchase and sale;
- rental;
- provision of household services.
All these are public contracts, i.e. those that the individual entrepreneur is obliged to perform if possible. Refusal to conclude such an agreement without compelling reasons may be challenged by the other party. In addition, the businessman must establish in the agreement the same cost of services for all citizens belonging to the same category.
Purchase and sale agreements are concluded by the seller with the buyer, who purchases products for his own needs, and not for use in business activities. Such an agreement is considered concluded from the moment the document confirming payment is provided.
A household contract is concluded to perform work for the consumer needs of the customer. This could include the manufacture of furniture, computer or shoe repair, or plumbing services.
An agreement on the paid provision of household services is concluded by hairdressers, housekeepers, and cleaners. Rental agreements apply exclusively to movable property: equipment, sports equipment, bicycles.
Can an individual entrepreneur enter into an agreement with an individual? face
What contracts can an individual entrepreneur enter into? First of all, transactions between an individual entrepreneur and a legal entity. An agreement between an individual entrepreneur and an individual for the provision of services and its sample also exist, but they will be subject to some restrictions.
Individual entrepreneur and individual
This type of transaction will be called an agreement for the provision of paid services. According to the law, an agreement can be concluded orally or in writing. The second option is preferable, as it allows you to formally record the responsibilities of both parties to the transaction.
When a written contract is required:
- If the transaction amount exceeds 10,000 rubles;
- For cases provided for by the Civil Code of the Russian Federation;
Tax authorities recommend limiting yourself to an oral agreement only if the interaction (provision of a service from an individual, for example) occurs at one point and the individual agrees to the unofficial provision of the service.
Agreement structure
You can draw up an agreement for the performance of any work by one entrepreneur in the interests of another individual entrepreneur using the following algorithm:
- The name of the locality where the agreement is concluded, as well as the date of preparation, is indicated.
- The names or titles of individual entrepreneurs, numbers of documents on the basis of which they conduct their activities are written down.
- The subject of the agreement is clarified and all services that will be provided are listed in detail.
- The customer's obligations regarding payment are included.
- The rights and obligations of the performer, the timing of the service, and the time to complete possible defects are described.
- The obligations and rights of the recipient of the service are explained in detail, including confirmation of its acceptance, payment methods, and a refusal scheme due to quality claims.
- It is advisable to indicate the deadlines for signing the acceptance and delivery certificates.
- The exact cost of the service provided is entered.
- The liability of the parties in case of violation of obligations is determined.
- A list of force majeure situations is prescribed in which the parties are released from liability if the conditions are not met.
The contract should provide for the rules for making adjustments and possible reasons for termination. In the conclusion, the validity period of the agreement, contact information about the parties, and bank details are written.
In contracts for the provision of services, it is advisable to provide a complete list of specific actions that the contractor undertakes to perform. General and vague wording in the text is unacceptable. This can lead to ambiguous interpretation and create the preconditions for controversial situations. If it is unclear from the text of the agreement what exactly the contractor must do, the contract is considered inconsistent.
All conditions that are included in contracts are divided into three categories:
- Mandatory.
- Additional.
- Random.
The first group includes the subject and timing of the transaction, the amount and procedure for paying remuneration. For some types of services, it makes sense to indicate additional conditions. For example, if the agreement provides for the use of one’s own car by one individual entrepreneur, it is necessary to determine the specifics of maintaining the car, its maintenance, and stipulate situations when, due to a breakdown, the car will sit in the garage for a certain time.
The responsibilities of the contractor include providing complete and reliable information about himself to the other party, providing the service in accordance with the terms specified in the agreement, as well as providing this service personally. However, by agreement with the customer, the execution of work may be partially entrusted to third parties.
The customer's rights include receiving a penalty for late provision of services (3% of the total cost of the service per day). The customer has the right to refuse to receive the service if the work has not yet been completed and the act has not been signed. To do this, you must notify the contractor in writing and stop using the service. Otherwise, the contractor is given the right to demand monetary compensation for the services actually rendered. The contract is considered fulfilled after signing the acceptance and transfer certificate.
Contents of the supply agreement between individual entrepreneurs. Difference from a supply agreement with the participation of an LLC
No standard sample of a supply agreement with individual entrepreneurs has been approved. You can take any form as a basis and adapt it to the existing situation.
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The sample supply agreement for an LLC with an individual entrepreneur will differ from the contract with the participation of only an individual entrepreneur in the preamble, the content will remain unchanged.
When drawing up a supply agreement with an individual entrepreneur using a sample, first of all you should pay attention to the correct wording of the subject matter, which is an essential condition of any supply agreement. When describing it, you must indicate the following:
- what kind of product was to be supplied: name, possible characteristics, quality requirements;
- assortment of goods, which can be determined by both generic and individual characteristics (Article 512 of the Civil Code of the Russian Federation);
- quantity (in units of measurement, by establishing a method for determining quantity, in monetary terms).
In addition to the subject, special attention should be paid to the wording of such conditions as the deadline for delivery, the procedure for making payments and the amount of payments, methods of delivery, as well as who is responsible for paying transportation costs for delivery. These conditions are not absolutely essential, but their detailed regulation in the contract relieves the parties from the risk of disputes in the future.
Read more about the essential terms of the supply agreement in our material “What are the essential terms of the supply agreement under the Civil Code of the Russian Federation?”
An individual entrepreneur is not only a business entity, but also a person. Who will fulfill delivery or payment obligations in the event of the death of the entrepreneur? In the Consultant Plus system, the expert gives the answer to this question.
Typical samples
When concluding agreements, the easiest way is to use a sample contract for individual entrepreneurs for the provision of services. If necessary, additional provisions and chapters are added to the standard document if this suits both parties.
You can download a sample contract for 2020 and fill out the finished form, entering the necessary data. It should be remembered that the number of inspections by regulatory authorities, as well as tax benefits, directly depends on the correct execution of contracts with counterparties.
DOC file
Sample document
Agreement for the provision of transport services between individual entrepreneurs and individual entrepreneurs - sample document
A work contract with an individual entrepreneur does not require a strict form. However, in order not to compile the form yourself, you can download a simple template on the Internet and fill it out by hand on the computer. First, enter the city and date of conclusion, full name of the contractor and the official name of the individual entrepreneur.
An agreement between an individual entrepreneur and an individual for the provision of services, a sample of which can be downloaded on the Internet, includes several clauses. The first paragraph sets out the general conditions, the second paragraph – the rights and obligations of each party. The remaining paragraphs specify the acceptance procedure, cost and responsibility of each party. In paragraph 6, each party can add its own conditions and requirements, and in the 7th and last paragraph - details.
Example of a contract
Several original copies are compiled: at least one each for an individual entrepreneur and an individual. A copy of the agreement is suitable for third parties. You can print the agreement yourself.
Change and termination of the document
If some circumstances change during the work under the contract (scope of work, number of parties, their details, etc.), there is no need to rewrite the contract. It is enough to sign an additional agreement. The structure of such a document is similar to a contract. It can be issued to extend the period of validity of the main agreement, introduce conditions for prepayment, and adjust penalties.
Important! The customer does not have the right to terminate or change the contract with the contractor and vice versa. Any adjustments are possible only by mutual agreement and if they comply with the law.
But in case of gross violation of the terms, one party may terminate the agreement. In most cases, such issues are resolved in court.
Many individual entrepreneurs do not consider it obligatory to conclude contracts with other businessmen or citizens. But without such paper it can be extremely difficult to defend your rights in the event of a controversial situation. The legislation does not provide for a clear form for concluding agreements, but there are completed sample agreements online. Using such a template allows you to save time and take into account all the nuances in the contract.
Before concluding an agreement with an individual entrepreneur, you should make sure of his trustworthiness and the accuracy of the data he provides. It is advisable to specify in the contract all the conditions relating to the provision of the service and its receipt, as well as payment and terms. If necessary, the parties have the right to make changes to the document, but only by mutual agreement. For this purpose, an additional agreement is used, which specifies all adjustments.
Service agreement between two individual entrepreneurs
Business cooperation between two entrepreneurs is permissible when drawing up a written agreement on the provision of a particular service. In this case, the contractor undertakes to carry out certain actions after receiving the appropriate payment from the customer.
An example of such a relationship could be an order by an individual entrepreneur to deliver the goods he produces to a counterparty through cargo transportation carried out by another entrepreneur.
In addition to the contract for the provision of services, businessmen can draw up other types of contracts among themselves (for example, purchase and sale, contract, loan, lease, provision of transport services, etc.).
Whatever type of agreement is involved, parties who are individuals are required to formalize the transaction in writing, having previously prepared documents confirming their tax status and identity.
